Posts filed under 'USA'

2011: Leroy White

2 comments January 13th, 2019 Headsman

Leroy White received a lethal injection in the HuntsvilleAtmore, Alabama death chamber on this date in 2011.

White had fatally shotgunned his estranged wife but by now it’ll hardly be remembered beyond the people directly touched by this horror. Yet in its banality this case haas something to tell us about America’s shambolic death penalty system.

Although this rule changed in 2017, Alabama used to permit, and its elected judges very actively practice, overruling a jury life sentence recommendation with a harsher judgment from the bench. Something like a fifth of Alabama’s condemned prisoners were there on judge overrides.

White numbered among this misfortunate fifth, and the trial judge wasn’t the only authority in the process whose priors were stacked against Leroy White.

Post-conviction, a Maryland tax attorney who represented White pro bono withdrew from the case and neither he nor anyone else told White about it. That doesn’t even seem possible but attorneys who are overmatched, stretched thin, and even outright incentivized to screw their clients make up an essential component of the system. In this case, the secret withdrawal caused White to miss a deadline for filing an appeal.

The heroic Bryan Stevenson of the Alabama-based Equal Justice Initiative took over the case once this damage was done, but his appeal for a mulligan on the missed deadline fell on deaf ears because he

didn’t have a persuasive argument on the key issue: given more time to appeal, could he win the appeal on the merits of his case?

Stevenson said about half of the roughly 200 prisoners on Alabama’s death row were represented by a lawyer who is not allowed to spend more than $1,000 on out-of-court time working on the case, unless given permission by the trial court under Alabama indigent defense rules. He said that inequity leads to problems with the quality of assistance defendants are getting.

“The death penalty is not just about do people deserve to die for the crimes they are accused of, the death penalty is also about do we deserve to kill,” Stevenson said. “If we don’t provide fair trials, fair review procedures, when we have executions that are unnecessarily cruel and distressing, or if we have a death penalty that is arbitrary or political or discriminatory, then we are all implicated.”

White still had one last hope: a clemency grant by outgoing governor Bob Riley. Riley’s term in office ended four days after this execution, and he has had no political career since. Did he, like predecessor George Wallace, find his conscience burdened by the executioner’s office? In this precious interval released from all political pressure or consequence did he make use of a free hit at the quality of mercy? Reader, he did not — spurning a plea by the surviving daughter of both victim and killer not to give her another dead family member to mourn.

On this day..

Entry Filed under: 21st Century,Alabama,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Lethal Injection,Murder,Racial and Ethnic Minorities,Ripped from the Headlines,USA

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2003: Abd al-Rahim al-Nashiri mock-executed at CIA black site

Add comment January 1st, 2019 Headsman

Around this time — “sometime between 28 December 2002 and 1 January 2003” — a CIA debriefer questioning Abd al-Rahim al-Nashiri at a CIA “black site” in Poland mock-executed his prey.

The Saudi national had been captured in October of 2002 and vanished into the 9/11-mad empire’s dark heart of secret torture dungeons scattered across the globe.

He’d already been renditioned to Afghanistan, and then to Thailand, and then onward (for the events of this post) to a onetime Third Reich base in Poland. In Afghanistan he’d been stripped and hanged up by his shackled hands, his toes barely touching the floor. In Thailand, interrogators waterboarded him and locked him in a coffin.* Graphic videos of his treatment in Thailand, at least, once existed; they are among the evidence destroyed by the CIA in 2005 in its successful project to scotch any public accountability for its torture program.

Nashiri stands accused of the bombing of the USS Cole in 2000, although different intelligence officers characterize him as anything from the “mastermind” to “the dumbest terrorist I ever met.” The only judicial hearing he’s ever had on this matter occurred in abstentia in Yemen in 2004, and resulted in a death sentence. He resides today in America’s forever oubliette at Guantanamo Bay, where a supposed prosecution began in 2011 and has been formally ongoing ever since, mired like all other cases there in the place’s intrinsic juridical incoherence. It seems likely that Nashiri will spend the rest of his days at Guantanamo, his mind a wreck from his ordeals.

One such ordeal, the one qualifying him for consideration by Executed Today, was his feigned execution by handgun and then by power drill — as disclosed by the CIA Inspector General’s report; the quoted excerpt below appears as paragraphs 91 and 92, beginning on page 49 of this pdf. The incident is likewise described in a subsequent Senate Intelligence Committee report, which can be perused here (see p. 98). The name of Nashiri’s mock-executioner is among the many bracketed redactions in this text; it has been publicly reported that the man in question is former CIA and FBI linguist Albert El Gamil.

[     ] interrogation team members, whose purpose it was to interrogate Al-Nashiri and debrief Abu Zubaydah, initially staffed [     ] The interrogation team continued EITs on Al-Nashiri for two weeks in December 2002 [     ] they assessed him to be “compliant.” Subsequently, CTC officers at Headquarters [     ] sent a [     ] senior operations officer (the debrief) [     ] to debrief and assess Al-Nashiri.

[     ]The debrief assessed Al-Nashiri as withholding information, at which point [     ] reinstated [     ] hooding, and handcuffing. Sometime between 28 December 2002 and 1 January 2003, the debriefer used an unloaded semi-automatic handgun as a prop to frighten Al-Nashiri into disclosing information. After discussing this plan with [     ] the debriefer entered the cell where Al-Nashiri sat shackled and racked the handgun once or twice close to Al-Nashiri’s head. On what was probably the same day, the debriefer used a power drill to frighten Al-Nashiri. With [     ] consent, the debriefer entered the detainee’s cell and revved the drill while the detainee stood naked and hooded. The debriefer did not touch Al-Nashiri with the power drill.

Mock execution was not among the menu of torture techniques given legal imprimatur by the Agency, and other interrogators’ protests at his methods led to El Gamil’s removal from the case shortly thereafter.

Sanctioned or no, it is not the only mock execution known to have been inflicted by CIA torturers. Scrolling past seas of black redactions to paragraphs 169-174 of that same Inspector General’s report, we find that

The debriefer who employed the handgun and power drill on Al-Nashiri [     ] advised that those actions were predicated on a technique he had participated in [     ] The debriefer stated that when he was [     ] between September and October 2002, [     ] offered to fire a handgun outside the interrogation room while the debriefer was interviewing a detainee who was thought to be withholding information. [     ] staged the incident, which included screaming and yelling outside the cell by other CIA officers and [     ] guards. When the guards moved the detainee from the interrogation room, they passed a guard who was dressed as a hooded detainee, lying motionless on the ground, and made to appear as if he had been shot to death.

The debriefer claimed he did not think he needed to report this incident because the [     ] had openly discussed this plan [     ] several days prior to and after the incident. When the debriefer was later [     ] and believed he needed a non-traditional technique to induce the detainee to cooperate he told [     ] he wanted to wave a handgun in front of the detainee to scare him. The debriefer said he did not believe he was required to notify Headquarters of this technique, citing the earlier, unreported mock execution [     ].

A senior operations officer [     ] recounted that around September 2002 [     ] heard that the debriefer had staged a mock execution. [     ] was not present but understood it went badly; it was transparently a ruse and no benefit was derived from it. [     ] observed that there is a need to be creative as long as it is not considered torture. [     ] stated that if such a proposal were made now, it would involve a great deal of consultation. It would begin with [     ] management and would include CTC/Legal, [     ] and the CTC.

The [     ] admitted staging a “mock execution” in the first days that [     ] was open. According to the [     ] the technique was his idea but was not effective because it came across as being staged. It was based on the concept, from SERE school, of showing something that looks real, but is not. The [     ] recalled that a particular CTC interrogator later told him about employing a mock execution technique. The [     ] did not know when this incident occurred or if it was successful. He viewed this technique as ineffective because it was not believable.

Four [     ] who were interviewed admitted to either participating in one of the above-described incidents or hearing ab out them. [     ] described staging a mock execution of a detainee. Reportedly, a detainee who witnessed the “body” in the aftermath of the ruse “sang like a bird.”

[     ] revealed that approximately four days before his interview with OIG, the [     ] stated he had conducted a mock execution [     ] in October or November 2002. Reportedly, the firearm was discharged outside of the building, and it was done because the detainee reportedly possessed critical threat information. [     ] stated that he told the [     ] not to do it again. He stated that he has not heard of a similar act occurring [     ] since then.

* Gina Haspel oversaw the Thailand site at the end of 2002, and her countenancing torture against Nashiri and other detainees there made for a passing controversy when Donald Trump appointed her to direct the Agency.

On this day..

Entry Filed under: 21st Century,Execution,History,No Formal Charge,Poland,Ripped from the Headlines,Shot,Terrorists,Torture,Uncertain Dates,USA

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1866: John Roberson

Add comment December 28th, 2018 Headsman

From the Richmond (Va.) Whig, Dec. 28, 1866 …

… and the same source on Jan. 1, 1867:

On this day..

Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,Murder,Pelf,Theft,USA,Virginia

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1845: John Burnett, failson

Add comment December 26th, 2018 Headsman

At the Fayetteville (Arks.) Court on the 8th inst., John Burnett was sentenced to be hung on the 26th inst., for the murder of Jonathan Selby.

-Newark (N.J.) Daily Advertiser, Dec. 29, 1845

John Burnett, the son and collaborator of murderers Lavinia and Crawford Burnett — a case we addressed in a previous post — belatedly shared his parents’ fate on this date in 1845.

On this day..

Entry Filed under: 19th Century,Arkansas,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,Murder,Public Executions,USA

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1865: Henry Wilson, shy subject

Add comment December 22nd, 2018 Robert Elder

(Thanks to Robert Elder of Last Words of the Executed — the blog, and the book — for the guest post. This post originally appeared on the Last Words blog. Fans of this here site are highly likely to enjoy following Elder’s own pithy, almanac-style collection of last words on the scaffold. -ed.)

“I had made a request not to have my photograph taken, for fear my friends would recognize me. Somebody else made a request that it should be taken, and Chase [the sheriff] paid more attention to them than to me, and let them try to take it as I came out. You can see what kind of man this Chase is, and if I had a chance I would take his photograph d—-d quick. I don’t think they got a good one. So my friends will not know it. Perhaps my photograph will be the means of finding out who I am, but I doubt it d—-dly. I have nothing more to say, and you may go on as soon as you please, for it is no consolation to me to be kept standing here in the cold.”

— Henry Wilson, convicted of murder, hanging, New York.

Executed December 22, 1865 A career burglar, Wilson was executed for slaying of Henry DeVoe, whose home he had been robbing. Wilson admitted to killing two other New Yorkers — Burr Burton in Syracuse and Mrs. Lewis in Lancaster — and told police he was the man wanted for a host of unsolved crimes. He went to the gallows three days before Christmas. A reporter for the Rochester Democrat censored Wilson’s profanities, which appear to be derivations of damn.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,Hanged,Murder,New York,Other Voices,Theft,USA

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1929: Peter Kudzinowski

Add comment December 21st, 2018 Headsman

Peter Kudzinowski was electrocuted on this date in 1929 in New Jersey.

The son of Polish immigrants to Pennsylvania’s anthracite coal mining country, Kudzinowski made his way to the Atlantic seaboard as a young man and entered the executioner’s annals by luring seven-year-old Joseph Storelli from New York’s East Village. For the promise of some candy and a movie, the boy accompanied Kudzinowski onto a train out to the New Jersey Meadowlands. Kudzinowski walked the kid into the marshes and slashed his throat.

That was in November 1928.

It was his third homicide but evidently the worst of the lot for the murderer. A couple of weeks later he forced a confused Detroit traffic cop to take his confession. “I’m willing to pay the penalty, and the sooner it’s over, the better,” he explained later to Detroit detectives. “I had to confess. It was troubling me.” On trial back in New Jersey, he reiterated his willingness to die and the likelihood that his body count would grow if released. Jurors understandably spurned his attorney’s desperate insanity defense.

For a time he was a suspect in the cannibalistic destruction of a three-year-old Brooklyn boy named Billy Gaffney. Posterity has cleared him of that crime thanks to the later confession of a whole different caliber of mass-murderer who turned out to be operating in the same environs at the same time — Albert Fish.

On this day..

Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Electrocuted,Execution,Murder,New Jersey,USA

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1890: Elmer Sharkey, wretched matricide

Add comment December 19th, 2018 H.M. Fogle

From the out-of-print The palace of death, or, the Ohio Penitentiary Annex: A human-interest story of incarceration and execution of Ohio’s murderers, with a detailed review of the incidents connected with each case by H.M. Fogle (1908):


The Terrible End of Elmer Sharkey

Exit Elmer Sharkey and Henry Popp. The night of December 18, 1890, [i.e., after midnight on the 19th. People are just egregious with dates. -ed.] witnessed the double execution of Elmer Sharkey and Henry Popp.

Elmer Sharkey, serial number 20,517, was the picture of physical manhood, young, handsome and accomplished; but his crime was the most diabolical one that ever disgraced the fair pages of Ohio’s history.

About nine o’clock on the fatal night of December 18, Father Logan appeared at the Annex and baptized Sharkey in the Catholic faith. Shortly after this the two murderers were taken out into the reception room of the Annex, where they remained until after the reading of their death warrants. It was just a few minutes after eleven o’clock when Father Logan came into the Annex to comfort the condemned men. He informed them that there was no earthly hope; that the Governor absolutely refused to interfere, and that they should prepare for the worst. Sharkey and his doomed companion were then taken back into the Annex proper, where they bade good-bye to those who were left behind. A little later Warden Dyer came down the corridor and entered the reception room, to which the condemned men were again taken. Facing them the Warden said: “Boys, I have a painful duty to perform; but the law requires it. Henry,” to Popp “this is your death warrant.” Popp shook as with the ague, and stammered, “Yes sir.” He then arose to his feet and listened attentively to the reading of the warrant. The reading of Popp’s warrant finished, the Warden turned to Sharkey who was leaning against the steam heater and read his warrant. Sharkey stood with his hands in his pockets, seemingly indifferent. This over, Chaplain Sutton and Father Logan each offered up a fervent prayer, and then the Warden left the Annex to make further preparations for the executions that followed a few minutes later.

Promptly at midnight Warden Dyer, Deputy Porter and Assistant Brady at his side, stepped into the guard room. A mad rush was made for the gate. But a careful separation of the sheep from the goats was made by the Captain of the guard room, who carefully scrutinized each passport. Noiselessly the procession passed down the long, dimly-lighted corridor to the Annex. Once inside the enclosure Warden Dyer promptly mounted the scaffold, and placed everything in readiness. But a moment thus, and the approach of the doomed man was heralded by appearance of Father Logan who stepped from the cage onto the scaffold, and took his stand on the right of the trap door. A hush fell as the pale and bloodless countenance of Elmer Sharkey appeared. He moved with a nervous, gliding motion toward the fatal trap, hesitated for a moment, and then stepped squarely upon it; and with downcast eyes and drooping head, stood there in waiting, a picture of silent despair and hopeless agony. Once, twice, three times he raised his eyes and cast a quick, sweeping glance over the throng of spectators, then resumed his downward look of misery, murmuring in a low tone: “My God, make quick work of it!” When asked if he asked [sic] anything to say, he raised his head slightly and said: “I ask God’s forgiveness, and all I have wronged; and I forgive everything.” The Father pressed the cross to his passive, bloodless lips and he kissed it fervently. The hood was then made ready and he was asked for his last words. “That is all I can think of now.”

As the hood was being adjusted he faltered and would have fallen backward in a faint, but was sustained by ready hands. Just as the noose was being drawn around his neck, he again lost control of himself, and started to fall; but the noose was slipped with a quick movement; the trap sprung, and down he went. As a result of his fainting he fell in a partially horizontal attitude, and the tightening of the rope produced a swinging motion of the body, thus breaking the force of the fall. The result was that the neck was not broken, and the poor, wretched matricide was left to die by strangulation. The sounds that floated out over the awe-hushed group as the dying man struggled for breath, is [sic] beyond description. The sickening sight and horrible sounds drove many of the spectators from the execution room.

The drop fell at 12:05, and for several minutes the terrible struggle lasted, then the sounds from the throat, and convulsions of the body grew less frequent. At 12:34 the quivering heart ceased to beat, just twenty-nine minutes after the drop fell. All within that narrow enclosure breathed a sigh of relief when the attending physician finally pronounced him dead.

His execution was one of the longest on record, and the longest in the history of Ohio.

Elmer Sharkey suffered death on the scaffold for the cold-blooded murder of the woman who gave him birth, a widow of Preble County. No wonder his death was such an ignominous and horrible one. Mrs. Sharkey had violently opposed his marriage to the woman of his choice, and threatened to disinherit him if the marriage was consummated. The unnatural son, in a spirit of revenge, butchered his poor old mother with a meat axe, mangling her almost beyond recognition. He confessed his guilt, and “died in the hope of a glorious immortality.”

[Popp, not dwelt upon by Fogle, was a Bavarian immigrant who fatally stabbed the barkeep who attempted to eject him while rowdy in his cups. -ed.]

On this day..

Entry Filed under: 19th Century,Botched Executions,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,Hanged,Murder,Ohio,Other Voices,USA

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2010: John David Duty, the first pentobarbital execution in the U.S.

Add comment December 16th, 2018 Headsman

On this date in 2010, John David Duty reclined on an Oklahoma gurney with an apology for his victim’s family on his lips, and became a milestone: the first U.S. inmate executed using pentobarbital in the lethal injection process.

Already sure to die in prison via sentences from his 1978 convictions for kidnapping, rape, attempted murder, and robbery, Duty spared himself some time by recruiting the state to assist in his suicide.

His means of doing so was the murder of his new 22-year-old cellmate Curtis Wise, which Duty tried to tell Wise’s mother all about in a taunting letter that was confiscated before it hit the post:

Mary Wise,

Well by the time you get this letter you will already know that your son is dead. I know now because I just killed him an hour ago. Gee you’d think I’d be feeling some remorse but I’m not. I’ve been planning since the day he moved in last Friday. Tonight I finally pulled it off. Would you like to know how I did it? Well I told him I wanted to use him as a hostage. Hell he went right for it, thinking he was gonna get some smokes out of the deal. Well I tied him up hands and feet, then I strangled him. It’s not like the movies, it took awhile. But I really did him a favor as he was too stupid to live. I mean he didn’t know me 5 days and he let me tie him up like that, Please! Besides he was young and dumb and would’ve just been in and out of prison his whole life.So I saved him all the torment. I’ve been in 24 years, wish someone would have done me the same favor back then. I guess you’re thinking I’ll be punished for this. Well not likely in this county. The DA’s here are weak bitches and don’t give a damn about deaths of inmates. We’re all just scum to them. Besides I’m doing 2 life sentences so they can’t hurt me. But you can call them and tell them about this letter, but it wouldn’t do you any good. Well I’m gonna close for now and I’ll tell police in the morning about Curtis.

Even though Mary Wise argued against it in court, this horrific gambit secured him his desired death sentence — with the help of Duty’s credible vows to kill again if he didn’t get what he wanted. Perhaps entertaining second thoughts, Duty did pursue his appeals, however, and that meant that the legal journey of his case did not reach its end until almost a decade later — a new era in American lethal injection, as it turned out.

Ever since lethal injection debuted in 1982 it had taken over as the go-to execution method around the United States. But by about 2010, it was increasingly difficult to come by the first drug in the standard lethal injection “cocktail”, sodium thiopental.

The system has been adapting ever since, including switches to a variety of alternative drug combinations that sometimes have ghastly results.

And Duty’s was the very first execution* to so adapt.

To kill him, Oklahoma sedated him first not with sodium thiopental, but with pentobarbital — the very first use of this drug, which has gone on to become one of the most frequently deployed substitutes for thiopental in death chambers around the country. Although Duty fought the chemical innovation on appeal (again contradicting his original suicidal intent) pentobarbital wasn’t exactly experimental: it had been used for animal and human euthanasia for years.

“There were no apparent issues” with the execution, a Department of Corrections spokesperson said afterwards.

* Ohio on December 8 of 2009 conducted an execution using only sodium thiopental, deviating from the three-drug protocol while still using one of its standard constituents. Pentobarbital itself has also subsequently been used in single-drug executions; consult the Death Penalty Information Center for up-to-date information on the still-shifting landscape of lethal injection protocols in the U.S.

On this day..

Entry Filed under: 21st Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Lethal Injection,Milestones,Murder,Oklahoma,USA,Volunteers

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1896: Patrick Coughlin, shot in the mountains

Add comment December 15th, 2018 Headsman

From the San Francisco (Calif.) Call, Dec. 16, 1896.

UTAH MURDERER EXECUTED

Patrick Coughlin, the Slayer of Two Officers, Shot to Death in Rich County.

SALT LAKE, Utah, Dec. 15. — Patrick Coughlin was executed in Rich County, this State, this morning, for the murder of Deputy Sheriff Dawes and Constable Stagg, in July, 1895. Coughlin chose shooting as the method of his taking off. [He could have opted for hanging -ed.] He was pinioned, blindfolded and seated on a stationary chair, and six deputy sheriffs fired simultaneously, aiming at the heart, over which a piece of white paper was fastened. Every shot pierced the mark and death was instantaneous.


Photo of the arrangement of Coughlin’s execution. Via the University of Utah, whose watermark appears in the center.

Coughlin was about 23 years of age, a native of Pennsylvania, and came to this State when quite young. For some years he was considered a hard character. In July, 1895, he and another young man, Fred George, stole a band of horses and were pursued by officers. For over a week they eluded capture, and several times when brought to bay fired upon their pursuers, escaping further into the mountains. They were surrounded in a little cabin, and when called upon to surrender fired repeatedly, killing the two officers named and wounding others before the posse retired.

Several days later they were captured, 150 miles from the scene of the killing. Both were tried on the capital charge and Coughlin was sentenced to be shot and George to a life term in the penitentiary.

Coughlin’s execution took place near the spot where the murders were committed, up in the mountains.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Murder,Shot,Theft,USA,Utah

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1903: A day in the death penalty around the U.S. (and Canada)

Add comment December 11th, 2018 Headsman

The U.S. states of Illinois, Georgia and California, and the Canadian province of British Columbia, all distinguished December 11, 1903 with hangings.


Duluth (Minn.) News-Tribune, Dec. 12, 1903:


Augusta (Ga.) Chronicle, Dec. 12, 1903:


Santa Cruz (Calif.) Evening Sentinel, Dec. 12, 1903:


Anaconda (Mont.) Standard, Dec. 12, 1903:

On this day..

Entry Filed under: 20th Century,California,Canada,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Georgia,Hanged,Montana,Murder,Racial and Ethnic Minorities,USA

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